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City Council

Regular Meeting

Lake Havasu City, AZ · September 27, 2022

AgendaMinutes

Minutes

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy 2360 McCulloch Blvd North Campbell Lake Havasu City, Arizona Councilmember Jeni Coke 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Minutes - Final Tuesday, September 27, 2022 6:00 PM 1. CALL TO ORDER Mayor Sheehy called the meeting to order at 6:00 p.m. 2. INVOCATION: Pastor Dean Wiles, Abundant Grace Church Pastor Dean Wiles, Abundant Grace Church, gave the invocation. 3. PLEDGE OF ALLEGIANCE: H.A.V.E.N. (Havasu Abuse Victims Education Network) Family Resource Center Members from H.A.V.E.N. (Havasu Abuse Victims Education Network) Family Resource Center led in the Pledge of Allegiance. 4. ROLL CALL Present: 7- Mayor Cal Sheehy, Councilmember Nancy Campbell, Councilmember David Lane, Councilmember Michele Lin, Councilmember Cameron Moses, Councilmember Jeni Coke and Vice Mayor Jim Dolan 5. CALL TO THE PUBLIC Ms. Karen Vanderjagt, citizen, addressed the council and said after the last city council meeting several citizens were shocked with Vice Mayor Dolan’s comments and name-calling. She said they are not bigots but sincere citizens requesting that the council protect minors. She read her letter to Vice Mayor Dolan into the record that referenced sections from the handbook on the city’s website. Ms. Cindi Johnson, citizen, addressed the council regarding the April 2021 and March 2022 organizational charts from the Board, Committee, and Commission Member Handbook. She said the top of the organizational chart from April 2021 lists the citizens of Lake Havasu City; however, the March 2022 lists the Mayor and City Council at the top with no reference to the citizens. She asked if this was a misprint or if the citizens of Lake Havasu City have been deliberately eliminated and asked that the chart be corrected. Lake Havasu City Page 1 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 Ms. Kristin Guilfoyle, citizen, addressed the council and said as an LTGB ally she was one of the businesses that sided with and promoted the Lake Havasu City pride event at the Nautical Inn amidst all the backlash she received. She said the event was appropriate for all ages and was successful. She said she is before the council tonight on the side of the law and as a concerned citizen for the children. She referenced Lake Havasu City Code Chapter 9.26.030, Prohibited Conduct, regarding cabarets. She requested the City Council issue an emergency amendment to the code in regards to cabaret shows to not allow children under the age of 18 to attend a drag show or any adult content shows. Ms. Dawn Kirk, citizen, addressed the council and spoke concerning the APX West proposal to increase the density of the Trinity Project in the Havasu Foothills from approximately 95 homes to 400 homes including 45 RV townhomes on lots as small as 0.02-acres (871-square foot). She said approvals in 2003 included 697-units with 8-acres dedicated for a school and 1-acre for a fire and police substation. She said in 2006, the city approved approximately 14-acres for a Foothills Town Center and required the developers to build a community park and plans for a parkway to allow for second access in and out of Havasu Foothills. Ms. Kirk said 10 years later, Havasu Foothills still does not have a substation, the town center was reduced from 14-acres to 8.8-acres, the school site was relocated to Phase III (Trinity Project), and the developer was allowed to build the park in two phases based on the number of certificates of occupancies issued. She added that rezoning in 2017 opened the door for the developers to build a storage complex in the center of the Havasu Foothills community. Ms. Kirk said they have learned that APX is grading “at-risk” and want to rezone Phase III to allow small lots and build RV row housing. She said it is time for the City Council to commit to representing the interests of its citizens and homeowners rather than only the interests of the developers. She said why even bother with stipulations to improve the community when obviously the developers know they do not have to do it? She said they have heavy traffic up and down Cherry Tree Boulevard that is a safety risk, unacceptable emergency response times, unsightly storage complex, and the threat of high-density homes that will cause more traffic, increase public response times, and negatively effect property home values. She said they are not trying to stop the Trinity Project but are asking for the City Council to give the community what they were promised – build the school, fire and police substation, create an alternate egress and digress to reduce emergency response times, and do not lower their property values. Mr. Joe Nevarez, citizen, addressed the council and spoke concerning the APX West proposal to increase the density of the Trinity Project in the Havasu Foothills. He requested that the City Council hold the developers to the original planned development that was approved. Ms. Teresa Berkebile, citizen, addressed the council regarding her concerns with Vice Lake Havasu City Page 2 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 Mayor Dolan’s comments at the last council meeting. She stated that she would also be attending the Go Lake Havasu Board of Directors meeting tomorrow to express her concerns. Mr. Stephen Tuminello, citizen, addressed the council regarding several incidents around the country where members of antifa were present. He said he thinks London Bridge Resort would not want this kind of negative publicity or Lake Havasu City to be seen as an unsafe place to visit. He said he thinks the City Council needs to rethink the AZ Pride Tour event in February 2023 and regrets that the county and city did not refuse the federal grants that were given, as this money has caused many concerns. Ms. Ginger Dodier, citizen, addressed the council and spoke regarding the AZ Pride Tour event and pedophilia symbol on their website. She said only two councilmembers stood up and asked if the City Council wants this to be their legacy and be remembered as members that do not stand up for the children. Ms. Frankie Lyons, citizen, addressed the council and said the citizens are hurting because of the choices the City Council is making, the policies they are not enforcing, and the misinformation they are giving to the city. She spoke on her concerns with the GLH board, contract and reserves, name-calling, and rezoning. She said she feels the City Council and City Manager need to apologize to the citizens for the digress in the city’s ability to move forward. Mr. David Lerner, citizen, addressed the council regarding the Patriot Act which was put into law after 9/11 which allows the government access to a person’s text messages, emails, and everything about them. Ms. Bonnie Toy, citizen, addressed the council and spoke concerning the proposed Downtown Catalyst Project which was discussed at the Parks and Recreation Advisory Board meeting on September 26, 2022. She said she hopes the City Council does not agree with the proposed project as an increase in high density will require additional parking downtown. She requested the City Council consider lowering the property tax levy rates next fiscal year and lower the open swim rates at the Aquatic Center during the summer months. Vice Mayor Dolan stated that at the last meeting the word “bigot” seems to be very popular and was passed around way before he said it. He said people were very adamant in their discussions that they were not bigots; however, of the 80 some people that were in the room, based on comments, he has heard one to three of them say that they were very bigoted in their comments. He said while he did not call anybody a bigot, he said there were bigots in the room, which was a fact, there were at least one or two bigots in the Lake Havasu City Page 3 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 room. He said to turn it around and twist it, he did not call anyone a bigot. He said in regard to the Board, Committee, and Commission Member Handbook that was referenced, the handbook is for members appointed to commissions and boards and is not a City Council handbook. 6. CONSENT AGENDA 6.1 ID 22-3472 Approve the September 13, 2022, City Council Regular Meeting Minutes (Kelly Williams) 6.2 ID 22-3466 Adopt Resolution No. 22-3611 Approving Abandonment of the Northern 5-Foot by 30-Foot Portion of the 10-Foot by 50-Foot Public Utility and Drainage Easement on the Southeastern Boundary of 575 Mohican Drive, Tract 2143, Block 14, Lot 36 (Trevor Kearns) 6.3 ID 22-3467 Adopt Resolution No. 22-3612 Approving Abandonment of the Western 2-Foot by 129-Foot Portion of the 10-Foot by 129-Foot Public Utility and Drainage Easement on the Eastern Boundary of 3095 Saratoga Avenue, Tract 2166, Block 6, Lot 18 (Trevor Kearns) 6.4 ID 22-3465 Approval of the Final Subdivision Plat for AZCO Storage Condominiums, at 1075 Aviation Drive, Tract 2290, Block 3, Lots 6 & 7, Creating a 31-Unit Storage Condominium Subdivision in the Light Industrial (LI) District (Trevor Kearns) 6.5 ID 22-3471 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m., Tuesday, October 11, 2022 (Kelly Williams) Councilmember Lane moved to approve the Consent Agenda as presented, seconded by Councilmember Lin, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan Mayor Sheehy said citizens can view the meeting live on Channel 4 and at www.lhcaz.gov/tv. 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 22-3473 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) City Clerk Kelly Williams announced the current vacancies on various Lake Havasu City Boards, Committees, and Commissions. She added that applications are available at City Hall and on the city’s website at www.lhcaz.gov. Lake Havasu City Page 4 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 7.2 ID 22-3470 City Manager’s Report (Jess Knudson) City Manager Jess Knudson reported on the following: • A Lake Havasu City Fire Department Badge Pinning Ceremony was held recognizing new and promoted Lake Havasu City Firefighters. • Recognized the retirement of Terrie Haas, Lake Havasu City Fire Department, with 17 years of service. • Recognized Fire Engineer Mark Martz, Lake Havasu City Fire Department, with 40 years of service. • Lake Havasu City Fire Department was awarded two Federal Emergency Management Agency (FEMA) grants. • Acknowledged various events and proclamations. 8. PUBLIC HEARINGS 8.1 ID 22-3468 Class B Bingo License Application for River Cities United Way/Pennington (Kelly Williams) Councilmember Lin recused herself from participating and voting on this item. Ms. Williams advised that Debi Pennington with River Cities United Way has applied for a Class B Bingo License to be held at 4links DBA WinWin Bingo located at 5601 Highway 95 (The Shops at Lake Havasu). Ms. Williams said the bingo games will be held five days a week, Tuesday through Saturday, from 10:00 a.m. to 10:00 p.m. She added that the application was reviewed internally, and no objections were received. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Vice Mayor Dolan moved to recommend that the Arizona Department of Revenue approve a Class B Bingo License for River Cities United Way, at 5601 Highway 95 (The Shops at Lake Havasu), seconded by Councilmember Lane, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan Recused: 1 - Councilmember Lin 8.2 ID 22-3442 Adopt Ordinance No. 22-1293 Approving a Planned Development Rezone for 2031 Industrial Boulevard, Tract 115, Block 9, Lot 1A, from General Commercial (C-2) to General Commercial/Planned Development (C-2/PD) to Allow Storage Units (Luke Morris) Planning Division Manager Luke Morris advised that the subject property is approximately Lake Havasu City Page 5 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 one-third of an acre, is currently being used for open lot storage, and is located at the northeast corner of Industrial Boulevard and Bahama Avenue. He reviewed the surrounding zoning and said in November 2021 the City Council amended the Permitted Uses Table to eliminate storage units as an allowed use in the General Commercial (C-2) zoning district. He said the City Council expressed concerns regarding prime commercial properties used for storage unit developments and stated that the north and south entrances of the city should be protected; however, it was also mentioned that an applicant could still request a storage unit project through the Planned Development (PD) rezone process. He said the applicant is requesting to rezone the property to allow storage units for RVs, boats, and similar items. He reviewed the conceptual site plan submitted for the PD. He said the City Council suggested that storage units may be allowed in some C-2 zoning districts through the PD rezone process if the proposed development fits into the neighborhood. He said the subject property is not located near a gateway into the city and is in an area that has several existing commercial and light industrial uses. He said storage units do not have a large traffic impact and are typically not noisy uses. He said the location will lend itself well to the proposed small-scale storage unit development. Mr. Morris added that the Planning and Zoning Commission recommended approval by a vote of 7 to 0. Councilmember Moses asked if the C-2 node is two separate lots, to which Mr. Morris replied yes. Councilmember Moses asked if there is a building to the east of the subject property, to which Mr. Morris replied yes, it is currently developed with a commercial use. Vice Mayor Dolan asked if storage units are permitted in the light industrial zoning district, to which Mr. Morris replied that storage units are permitted in the industrial and light industrial zoning districts. Mayor Sheehy opened the public hearing. Mr. Don Wisdom, citizen, addressed the council and asked if storage units are permitted in residential areas. Mr. Morris stated that storage units are not allowed in residential zoning districts. Mayor Sheehy clarified that residential zoning does allow for RV garages which is different than storage units. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Moses moved to adopt Ordinance No. 22-1293 for Land Use Action No. 22-3442 for a Planned Development rezone for 2031 Industrial Boulevard, Tract Lake Havasu City Page 6 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 115, Block 9, Lot 1A, from General Commercial to General Commercial/Planned Development to allow storage units with the following conditions: 1. The property shall substantially match the Conceptual Development Plan provided with the request and attached as Exhibit A to the ordinance, and 2. Building Permits and Design Review for compliance with the Development Code will be required prior to development of the property. The motion was seconded by Councilmember Campbell, and carried by the following vote: Aye: 6 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses and Councilmember Coke Nay: 1 - Vice Mayor Dolan 8.3 ID 22-3443 Introduce Ordinance No. 22-1294 Amending Lake Havasu City Code Chapter 8.08, Nuisances, Revising Definitions, Updating and Clarifying Nuisances, and Including Criminal Enforcement (Luke Morris) Mr. Morris and Ms. Denise Able, Senior Code Enforcement Officer, outlined the following in their presentation: Nuisance Code Amendment • The Nuisance Code, Chapter 8.08, was updated on July 12, 2016. Since that date, Code Enforcement staff has used the code to regulate nuisances throughout the city. • After six years of use, staff finds it beneficial to update the Code to align it with current practices, add language to address nuisances that were not specifically spelled out in the current Code, and simplify all types of nuisances. • The City’s 2021 National Community Survey results found 61% of the residents that responded want the City to focus on issues such as trash, auto parts, dead landscaping, and unusable items visible from the ROW and adjacent properties. Based on these factors, some of the major changes include: • Clarifying that junk, inoperable vehicles, or inoperable watercrafts are not allowed in the front yard; in the side or rear yard unless screened from the right-of-way by means of a sight-obscuring wall or hedge; in the side or rear yard unless screened from the neighboring properties by means of a sight-obscuring wall, hedge, or concealed by a fitted cover. • Does not limit the number or location of registered, insured, and operable vehicles/watercrafts on a property. Lake Havasu City Page 7 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 Mr. Morris displayed photographs with examples of inoperable and operable vehicles. Other major changes include: • Updating and reordering definitions and nuisance descriptions. For example, changing the title of Junk Vehicle to Inoperable Vehicle/Watercraft and requiring proof of current insurance for operable vehicles/watercraft. • The revisions also make it easier to understand the various types of nuisances and groups them by type. • Adding a section dealing with landscape maintenance and weeds. • Adding an option of criminal enforcement by the City Prosecutor’s Office. This will provide the ability to go straight to criminal prosecution if deemed appropriate for the situation. Mayor Sheehy said this item is before the council based on discussion from the Council Planning Session where the council committed and directed staff to bring additional resources for code enforcement and make small incremental changes that will make big impacts based on the largest number of complaints received. He said the intent is still to have code enforcement that is reactive versus proactive. Mayor Sheehy asked what percentage of complaints received are related to inoperable vehicles, to which Ms. Able said approximately 35 to 40 percent of all complaints. She explained the process and timeframe citizens are given to correct an issue before an action correction notice is sent. Vice Mayor Dolan expressed concerns regarding the section dealing with landscaping maintenance and weeds. He felt that the language may be too unrealistic or overreaching. Ms. Able clarified that this section pertains to landscaping or trees that are completely dead, trees infested with rats, and palm fronds that are falling onto neighboring properties and in the roadways. She said these are the issues that the city would like to address, reiterating that it is all report generated. Mayor Sheehy said he shared the same concerns as Vice Mayor Dolan regarding the language and asked for the City Council’s consideration removing the words “dry fronds” from Section 8.08.020(B)(1)(d). There was discussion regarding landscaping and maintenance issues on commercial and abandoned properties. Councilmember Campbell asked if the proposed changes would apply to industrial and storage areas, to which Mr. Morris stated that the proposed changes state that junk yards would not be allowed except the zoning districts where they are allowed. He said outdoor storage could include junk yards, so they are allowed in some industrial and light-industrial Lake Havasu City Page 8 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 zoning districts, and the C-2 zoning district with a Conditional Use Permit. Mayor Sheehy asked how commercial areas that are currently operating without the proper screening would be addressed, to which Mr. Morris said the intent is not to change anything with the commercial aspect, but they could apply to commercial properties; however, many of the businesses in the city have been operating for a long time and the codes may have changed so it could be considered legal non-conforming. He stated that those are all things that would be reviewed when a report is received. Councilmember Lane thanked city staff for their hard work. He said the biggest problem the city is having is junk and trash building up on properties, and concerns with the safety of first responders having proper access. He said he believes this ordinance addresses those concerns but still allows citizens to have their toys in Lake Havasu City. Mayor Sheehy opened the public hearing. Mr. Emiliano Torres, citizen, addressed the council and asked if a vehicle must be registered and licensed to be considered operable, to which Ms. Able replied that the definition states that a vehicle must be currently registered and insured, and run, to be considered operable. There being no further comments, Mayor Sheehy closed the public hearing. Ms. Able outlined the process and timeline when a report is received. Councilmember Campbell moved to introduce Ordinance No. 22-1294 amending Lake Havasu City Code Chapter 8.08, Nuisances, revising definitions, updating and clarifying nuisances, and including criminal enforcement, and removing “dry fronds” from Section 8.08.020(B)(1)(d), seconded by Vice Mayor Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.4 ID 22-3445 Introduce Ordinance No. 22-1295 Amending Lake Havasu City Code Chapter 1.12, Code Compliance, Adding Section 1.12.025, Interference (Luke Morris) Mr. Morris stated that this item is a companion item to the previous item. Mr. Morris and Ms. Able outlined the following in their presentation: Interference Ordinance • Code Compliance, Chapter 1.12, was updated on July 12, 2016. Since that date, City staff has determined that it will be useful to add a section to help ensure the safety of Code Enforcement Officers, similar to the protection given to Animal Lake Havasu City Page 9 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 Control Officers. • The proposed amendment adds language specifying that it is a class 1 misdemeanor to interfere with City employees or contractors in pursuit of Code Enforcement duties. • A class 1 misdemeanor allows a fine up to $2,500 and/or up to six months of jail time. Mayor Sheehy stated that this language mirrors the same protection that is given to public safety and Animal Control Officers. Mayor Sheehy opened the public hearing. Ms. Toy addressed the council and questioned why other city departments are not offered the same protection. Mr. Knudson explained that Animal Control Officers and Code Enforcement Officers are enforcing the law which is different than department interactions from a customer service aspect. There being no further comments, Mayor Sheehy closed the public hearing. Vice Mayor Dolan moved to introduce Ordinance No. 22-1295 amending Lake Havasu City Code Chapter 1.12, Code Compliance, adding Section 1.12.025, Interference, seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.5 ID 22-3461 Approve the Cooperative Purchase Agreement with TYMCO, Inc., through the Contract with the Houston-Galveston Area Council and Purchase of a 2023 600 Regenerative Air Sweeper (Bill Young) Transportation and Maintenance Superintendent Bill Young advised that this item is to approve the cooperative purchase agreement with TYMCO, Inc., for the purchase of a 2023 600 Regenerative Air Sweeper. He said the city currently has three TYMCO 600 Regenerative Air Sweepers that have exceeded their lifespan and are beyond repair. Mayor Sheehy spoke on the importance of street sweeping and the current contract for city-wide street sweeping services which is done two to three times a year. He said this additional ancillary city-owned equipment will assist with storm cleanup, issues or spills, and high traffic road area sweeping that is needed. Mayor Sheehy opened the public hearing. Lake Havasu City Page 10 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 Mr. Wisdom addressed the council and asked about status of the road repair at Lake Havasu Avenue and Acoma Boulevard. Mayor Sheehy said the city is currently waiting on materials to complete the water main repair and repave the entire roadway in that area. There being no further comments, Mayor Sheehy closed the public hearing. Councilmember Moses to approve and authorize the City Manager to sign the multi-term Cooperative Purchase Agreement with TYMCO, Inc., utilizing Houston-Galveston Area Council Contract SW04-20 through March 31, 2023, and authorize City staff to exercise the option to renew, and to purchase a 2023 600 Regenerative Air Sweeper in the amount of $330,181.36, seconded by Vice Mayor Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.6 ID 22-3463 Award Bid for the Biological Odor Control Systems for Wastewater Treatment Plants to Ecoverde, LLC (Thilak Fernando) Wastewater Superintendent Thilak Fernando advised that odor control is essential for the operation of the wastewater treatment plants. He said without odor control, strong odors reach the air impacting the residents in the area. He displayed photographs of two existing chemical scrubbers at the North Regional Treatment Plant and Mulberry Treatment Plant. Mr. Fernando outlined the following in his presentation: Chemical Scrubbers • Use Chemicals (Caustic & Bleach) o Cost of chemicals increased by 95% • Corrosive and harmful to workers • High maintenance cost • Use large amounts of (soft) water He explained how biological scrubbers work. Bioscrubbers/Biofilters • Eliminate the need for chemicals o Use plant nutrients or garden fertilizer • Eliminate corrosion • Lower operation and maintenance costs o Lower energy consumption Lake Havasu City Page 11 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 • Lower water consumption o Use reclaimed water He said several years ago the city converted the Island Treatment Plant chemical system with a biological system and have been pleased with the results. Councilmember Moses asked how much is spent annually on odor control chemicals, to which Mr. Fernando said for the two treatment plants the city spends approximately $330,000 annually. Councilmember Lane noted that the city will see additional savings and lower water usage using reclaimed water. Councilmember Campbell questioned why the city was not awarding to the lowest bid, to which Mr. Fernando said the other bid was a combination of biological and chemicals. He said the city’s goal was to eliminate the chemicals and the low bid did not meet the requirements. Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Moses moved to award the bid for the Biological Odor Control Systems for Wastewater Treatment Plants to Ecoverde, LLC, in the amount of $933,786, seconded by Vice Mayor Dolan, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 8.7 ID 22-3464 Approve a Sole Source Purchase of a Rebuild and Upgrade of the Five Star Filtration Tertiary Disk Filter System and On-Site Startup Supervision for the Island Wastewater Treatment Plant from Five Star Filtration, LLC (Thilak Fernando) Mr. Fernando said the wastewater treatment process consists of three main stages with the last stage being the tertiary treatment where water is filtered before disinfection. He said the Island Wastewater Treatment Plant was initially placed in operation in 1965 and has two filtration systems, a Sand Filter (installed in 1986) and a Disk Filter (installed in 2014). He said the Disk Filter has been offline for the past four years due to the failure of key parts and the lack of capacity during high flows. The Sand Filter has been the primary filtration process; however, it is failing and needs to be taken offline for repairs. Mr. Fernando said funds were originally budgeted to repair the Sand Filter; however, upon further inspection, it was determined that the priority is to repair the Five Star Disk Filtration first and use that as primary tertiary filtration and use the Sand Filter as backup filtration, once that has been repaired. Lake Havasu City Page 12 Printed on 10/13/2022 City Council Minutes - Final September 27, 2022 Mayor Sheehy opened the public hearing. There being no comments, he closed the public hearing. Councilmember Lane moved to approve the Sole Source Purchase of a rebuild and upgrade of the Five Star Filtration Tertiary Disk Filter System and On-Site Startup Supervision for the Island Wastewater Treatment Plant from Five Star Filtration, LLC, in the amount of $158,000 seconded by Councilmember Moses, and carried by the following vote: Aye: 7 - Mayor Sheehy, Councilmember Campbell, Councilmember Lane, Councilmember Lin, Councilmember Moses, Councilmember Coke and Vice Mayor Dolan 9. CURRENT EVENTS Councilmember Lin reported on the Parks and Recreation Advisory Board meeting. She said the board was updated on the pickleball donation, HVAC system, and Downtown Catalyst Project. She encouraged the council to review the meeting and feedback from the board members. Councilmember Campbell said she attended the Rural Transportation Summit and reported that the Arizona State Transportation Board will be meeting in Lake Havasu City on October 21, 2022, in the Council Chambers Room, with a dinner reception on October 20, 2022. 10. FUTURE MEETINGS Tuesday, October 11, 2022 @ 6:00 p.m. – Regular Meeting Tuesday, October 25, 2022 @ 6:00 p.m. – Regular Meeting 11. FUTURE DISCUSSION ITEMS There were no requests from council for future discussion items. 12. ADJOURN Upon motion by Councilmember Lane and seconded, the meeting adjourned at 7:47 p.m. CERTIFICATION I hereby certify that the foregoing is a full and true copy of the Regular Meeting Minutes of the Lake Havasu City Council held on the 27th day of September, 2022. I further certify that the meeting was duly called and posted, and that a quorum was present. ____________________________________ Kelly Williams, City Clerk/MMC Lake Havasu City Page 13 Printed on 10/13/2022

Agenda

Mayor Cal Sheehy Lake Havasu City Vice Mayor Jim Dolan Police Facility Councilmember Nancy Campbell 2360 McCulloch Blvd North Councilmember Jeni Coke Lake Havasu City, Arizona 86403 Councilmember David Lane www.lhcaz.gov Councilmember Michele Lin Councilmember Cameron Moses City Council Regular Meeting Agenda Tuesday, September 27, 2022 6:00 PM One or more councilmembers may be participating and voting via remote conferencing. Lake Havasu City endeavors to ensure the accessibility of all of its programs, facilities, and services to all persons with disabilities in accordance with the Americans with Disabilities Act. If you need an accommodation for a meeting, please contact the City Clerk at 453-4142 at least 24 hours prior to the meeting so that an accommodation can be arranged. Anyone wishing to address the council on an item not shown on the agenda should fill out a “Request to Speak” form, which will be found on the desk located at the entrance to the meeting room, and hand it to the City Clerk. Action as a result of public comment on an item not on the agenda will be limited to directing staff to study the matter or rescheduling the matter to a later date. The City Council may vote to hold an executive session for the purpose of obtaining legal advice from the City’s attorney on any matter listed on the agenda under A.R.S. § 38-431.03(A)(3). 1. CALL TO ORDER 2. INVOCATION: Pastor Dean Wiles, Abundant Grace Church 3. PLEDGE OF ALLEGIANCE: H.A.V.E.N. (Havasu Abuse Victims Education Network) Family Resource Center 4. ROLL CALL 5. CALL TO THE PUBLIC We will now have an open call to the public for citizens wishing to address the council on issues within the jurisdiction of the city. Your comments must be limited to three (3) minutes or less. If you wish to address an item already on tonight’s agenda, you should wait until that item is announced for a public hearing. At the conclusion of the open call to the public, individual members of the council may respond to criticism made by those who have addressed the council, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the council cannot discuss or take legal action on matters not already on the agenda. 6. CONSENT AGENDA The following items will be considered as one item by the City Council and will be enacted with one motion with no separate discussion unless a councilmember so requests, in which event the item will be removed. 6.1 ID 22-3472 Approve the September 13, 2022, City Council Regular Meeting Minutes (Kelly Page 1 Printed on 9/22/2022 City Council Regular Meeting Agenda - Final-revised September 27, 2022 Williams) 6.2 ID 22-3466 Adopt Resolution No. 22-3611 Approving Abandonment of the Northern 5-Foot by 30-Foot Portion of the 10-Foot by 50-Foot Public Utility and Drainage Easement on the Southeastern Boundary of 575 Mohican Drive, Tract 2143, Block 14, Lot 36 (Trevor Kearns) 6.3 ID 22-3467 Adopt Resolution No. 22-3612 Approving Abandonment of the Western 2-Foot by 129-Foot Portion of the 10-Foot by 129-Foot Public Utility and Drainage Easement on the Eastern Boundary of 3095 Saratoga Avenue, Tract 2166, Block 6, Lot 18 (Trevor Kearns) 6.4 ID 22-3465 Approval of the Final Subdivision Plat for AZCO Storage Condominiums, at 1075 Aviation Drive, Tract 2290, Block 3, Lots 6 & 7, Creating a 31-Unit Storage Condominium Subdivision in the Light Industrial (LI) District (Trevor Kearns) 6.5 ID 22-3471 Call for Executive Session Pursuant to A.R.S.§ 38-431.03(A) 5:00 p.m., Tuesday, October 11, 2022 (Kelly Williams) 7. CORRESPONDENCE, COMMUNICATIONS, PETITIONS, ANNOUNCEMENTS, CITY MANAGER REPORT 7.1 ID 22-3473 Announce Vacancies on Lake Havasu City Boards, Committees, and Commissions (Kelly Williams) 7.2 ID 22-3470 City Manager’s Report (Jess Knudson) 8. PUBLIC HEARINGS 8.1 ID 22-3468 Class B Bingo License Application for River Cities United Way/Pennington (Kelly Williams) 8.2 ID 22-3442 Adopt Ordinance No. 22-1293 Approving a Planned Development Rezone for 2031 Industrial Boulevard, Tract 115, Block 9, Lot 1A, from General Commercial (C-2) to General Commercial/Planned Development (C-2/PD) to Allow Storage Units (Luke Morris) 8.3 ID 22-3443 Introduce Ordinance No. 22-1294 Amending Lake Havasu City Code Chapter 8.08, Nuisances, Revising Definitions, Updating and Clarifying Nuisances, and Including Criminal Enforcement (Luke Morris) 8.4 ID 22-3445 Introduce Ordinance No. 22-1295 Amending Lake Havasu City Code Chapter 1.12, Code Compliance, Adding Section 1.12.025, Interference (Luke Morris) 8.5 ID 22-3461 Approve the Cooperative Purchase Agreement with TYMCO, Inc., through the Contract with the Houston-Galveston Area Council and Purchase of a 2023 600 Regenerative Air Sweeper (Bill Young) 8.6 ID 22-3463 Award Bid for the Biological Odor Control Systems for Wastewater Treatment Page 2 Printed on 9/22/2022 City Council Regular Meeting Agenda - Final-revised September 27, 2022 Plants to Ecoverde, LLC (Thilak Fernando) 8.7 ID 22-3464 Approve a Sole Source Purchase of a Rebuild and Upgrade of the Five Star Filtration Tertiary Disk Filter System and On-Site Startup Supervision for the Island Wastewater Treatment Plant from Five Star Filtration, LLC (Thilak Fernando) 9. CURRENT EVENTS Pursuant to A.R.S. § 38-431.02(K), a public body shall not propose, discuss, deliberate, or take legal action on any Current Event item Council Committee Reports: Airport Advisory Board - Vice Mayor Dolan Clean Colorado River Sustainability Coalition (CCRSCo) - Mayor Sheehy Havasu Youth Advisory Council - Councilmembers Coke & Moses Lake Havasu Area Chamber of Commerce - Councilmember Lane Go Lake Havasu - Vice Mayor Dolan Lake Havasu Metropolitan Planning Organization (MPO) - Mayor Sheehy & Councilmembers Campbell/Coke/Vice Mayor Dolan (Alternate) Mohave County Water Authority - Mayor Sheehy Parks & Recreation Advisory Board - Councilmember Lin Partnership for Economic Development (PED) - Councilmember Moses Public Safety Personnel Retirement System – Local Fire Board - Councilmember Lane Public Safety Personnel Retirement System – Local Police Board - Councilmember Lane Western Arizona Council of Governments (WACOG) - Councilmember Lin 10. FUTURE MEETINGS Tuesday, October 11, 2022 @ 6:00 p.m. - Regular Meeting Tuesday, October 25, 2022 @ 6:00 p.m. - Regular Meeting 11. FUTURE DISCUSSION ITEMS 12. ADJOURN Page 3 Printed on 9/22/2022

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